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Do you know your internet laws?
Posted by Anok • 3/01/09 • Subscribe to this Discussion [RSS] • Report This Topic
Topics: defamation, internet law, lawsuits, privacy acts
I just joined a new (private) forum for political alliances and I noticed that in their TOS they had some very, very specific rules about the forum. Even though the messages and profiles and such are closed to the general public, they have very strict rules with regards to membership interactions, and specifically "outing" of people and organizations. I found this to be refreshing, but odd at the same time. Obviously it's their forum and they can make the rules that they want - but it got me to thinking (in conjunction with a convo with Erik over free speech and internet law regulations) about the validity of such harsh rules.
Turns out, they're right. Check this out:
en.wikipedia.org/wiki/Cyber-bullying
The National Crime Prevention Council's definition of cyber-bullying is "when the Internet, cell phones or other devices are used to send or post text or images intended to hurt or embarrass another person."[2] Other researchers use similar language to describe the phenomenon.[3][4]
Cyber-bullying can be as simple as continuing to send e-mail to someone who has said they want no further contact with the sender, but it may also include threats, sexual remarks, pejorative labels (i.e., hate speech), ganging up on victims by making them the subject of ridicule in forums, and posting false statements as fact aimed at humiliation.
Cyber-bullies may disclose victims' personal data (e.g. real name, address, or workplace/schools) at websites or forums or may pose as the identity of a victim for the purpose of publishing material in their name that defames or ridicules them. Some cyberbullies may also send threatening and harassing emails and instant messages to the victims, while other post rumors or gossip and instigate others to dislike and gang up on the target. [...] Legislation geared at penalizing cyberbullying has been introduced in a number of states including New York, Missouri, Rhode Island and Maryland. At least seven states passed laws against digital harassment in 2007. Dardenne Prairie of Springfieled, Missouri passed a city ordinance making online harassment a misdemeanor. The city of St. Charles, Missouri has passed a similar ordinance. Missouri is among other states where lawmakers are pursuing state legislation, with a task forces expected to have “cyberbullying” laws drafted and implemented.[15] In June, 2008, Rep. Linda Sanchez (D-Calif.) and Rep. Kenny Hulshof (R-Mo.) proposed a federal law that would criminalize acts of cyberbullying.[16]
Some places have already listed cyber bullying as a criminal offense, but what caught my attention more so was the bit about "outing". Now as we all know, I'm real careful about my identity and would be horrified if someone outed me. (I would also be put in serious danger). But as it turns out, there's more to outing people online than just cyberbullying:
www.citmedialaw.org/legal-guide/publishing-personal-and-private-information
Specifically, there are two types of legal claims that relate to unauthorized publication of personal and private information:
* Publication of Private Facts: The legal claim known as "publication of private facts" is a species of invasion of privacy. You commit this kind of invasion of privacy by publishing private facts about an individual, the publication of which would be offensive to a reasonable person.
That has me relieved to say the least. Knowing that I have legal recourse in the event that someone starts threatening to out me!
But that does throw some caution to bloggers who regularly blog about others (other than celebrities) - you can get into trouble for it - so don't post your neighbor's info and don't spread the watercooler gossip on your blog. If they see it, you could be in trouble! Which is why I appreciate when blogger respond that they don't post private info about friends and family on their blogs without permission.
Good on you guys - you know your internet law!
User Comments
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Yes..
I understood now. Thanks for sharing.
I'll have to go and delete some posts..-
UH-oh - did you post about your neighbor doin' the secretary?
Tsk-tsk 
In all seriousness though - the whole blogging phenomena has raised a lot of questions about what is, and isn't OK to make public. -
Cyber laws are getting too critical..
We (ordinary people) are losing the Rights to Freedom of Speech. -
Well, slander and libel were already illegal, as is harassment - so not really.
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this is good advice for life-
True - very true. Our actions have consequences.
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I haven't actually participated in any cyber bullying (yet) but I do regularly slander and libel lots of famous people and politicians which is quite fun and I would absolutely love it if one of them sued me because I haven't got anything worth having and I love courtroom dramas.-
I think politicians and celebs are different. In the second link it differentiates between something of "news interest" or "public interest" and regular old defamation and invasion of privacy.
You slandering aardvark! -
Not to mention the traffic it would drive to your blog... to get more info of course! -
LOL!
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How dare you! How very dare you! I hadn't even thought of the traff.....just how much extra traffic do you think I'd get?
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lol... 0ops I am sorry if I insulted your itty bitty little aardvarky feelings.. (or would that be... put your nose out of joint?) I just don't know what I was thnkin'
(whispers) hundreds at least -
Actually, celebrities and politicians are no different. If you blog a falsehood you can be sued. This is called yellow journalism and the Enquirer is a prime example. If you put a disclaimer stating these are stricly the views of the author yadda, yadda, yadda you may save yourself.
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I think this is a good idea--because there are definitely cases where people have been hurt or even endangered by someone abusing them on the Internet. It's such a murky area--but people should be able to have their identities protected, as well as to not live in fear of malicious verbal attacks and such. People need to be held accountable.
IMO-
Yup, I remember when a so-called journalist outed the identities of a family pushing for a political bill.
The harassment was so bad it resulted in suicide.
Same goes for the little girl who killed herself just recently over the myspace bullying.
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To me, posting one's personal information (other than their first name) on a blog or a forum is THE huge no-no; it can lead to really nasty situations in some cases.
I never realized how dangerous that could be until I stumbled on a certain blog entry a little over a year ago.
I don't know if you guys are familiar with Lori Drew (the woman who harrassed a teenage girl via MySpace, and the teen eventually killed herself).
Anyway, a blogger heard about the story, I believe before Drew's name was released to the media, and was rightfully indignant about it. However, the blogger took it upon herself to "out" Drew on her blog.
The outcome was pretty scary. Hundreds of comments within hours, most of which were virtual pitchforks and torches. Very scary stuff.
Here's the post if anyone's interested. The coments sections is literally bloodcurdling at times.
So I totally support the application of the kind of rules which Anok posted. Because this kind of online "indiscretion" can lead to real-life vigilantism.-
Just for what it's worth - she had been outed by the papers right after it happened. The editorials - and her neighbors began harassing her a great deal, too.
But I agree - grave circumstances can happen.
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I am glad there is something that you can do about it legally, I presume something similar can be done in the UK?
I have noticed a disturbing trend in this 'outing' of late and I have to wonder what is actually achieved by it? I don't think 'good on you for standing up for yourself', I think if something was so bad I would want the law to handle it, not blog about it.
Heard of the game chinese whispers?
One thing is whispered into the ear of another and that person then passes it on and so on. The last person to hear it, then says it out loud. Every time I have seen this game played, the last person always gets it wrong.-
That's because Chinese is quite hard to pronounce if you played Chinese whispers in Beijing it would be much easier.
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Claire - yes, the Chinese whisperers ("operator" here in the US) is a great example to use.
You can't even be sure if you're posting the right info - nevermind if it's true or not! Could you imagine posting the wrong name or address in a sensitive controversial matter?
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Great Thread! Thanks Anok!
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You're welcome!
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Oddly enough I just told someone about those exact same laws. I think it's a good thing that they are there. Did you hear about the dude in China that sued over cyber bullying? www.inquisitr.com/12862/chinese-man-compensated-for-cyberbullying/-
I think it's becoming more and more important as more people are reporting internet bullying, harassment and stalking. I mean - the Lori Drew case made national headlines.
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I agree. I keep everything for that very reason. If someone gets too out of line online, I simply hand it to the lawyers. I am glad these laws are evolving because it keeps everything as close to even as possible. For awhile I was afraid they were outdated, but again I am glad to see that lawmakers are keeping up with the changes
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Agreed - technology moves so fast sometimes that I don't know that appropriate laws are covering them. From outdated laws to the need for new ones.
Everything happens at the speed of light!
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I'm glad something like this exists. If people desire privacy and wish to protect their true identity, then it is their right. If I read this correctly, there is not national law yet, but there should be. I wonder if there is an Internet law blogger out there who could enlighten us more of our rights? Also, I wonder what "rights" corporations have about outing employees or whistle blowers who are blogging about company infractions? At the moment, there seems to be some weak spots towards protecting people's right to free speech.-
I also wonder how all this fits into deoangel's thread that bloggers won't be protected by the same federal laws as journalists:
www.blogcatalog.com/discuss/entry/house-says-bloggers-dont-count-as-journal...
It sounds like a very sticky legal and ethical dilemma, to me. -
Thanks for that link gtally - I had missed that thread.
I hadn't even contemplated what it would mean to have to out your sources. Of course - most bloggers aren't really using anything like journalists are (I know I don't) but there is a potential for a more serious problem down the road.
As far as I know right now there is no federal law against cyberbullying and outing specifically related to the net. AT the moment normal harassment laws apply (federally). And corporations aren't technically allowed to out or intimidate whistle blowers, either. (Even though they do).
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Interesting that intellectual law is often percieved as being merely TM, Copyright and patent. Common law and some state statute laws also protect privacy, publicity rights, my home state of Indiana has some very interesting 'personality rights' in statute.
Privacy, libel, etc are fair laws but I would be careful about over zealous restrictions on internet communications - the internet should be democratic and serve in the capacity for reviews and activism.-
I agree Kevin - I think that so long as the laws stick more to a harassment/libel angle you should be OK. Some protection needs to be offered to people online so that they can freely express themselves without fear of losing their jobs or being physically threatened or stalked and assaulted.
I don't think it's fair to punish people for letting on too much non damaging info (say, mentioning a neighbor's pet problem) but in the same vein, talking openly about a friend's court case or their off-the-clock activities can cause damage when it's in print on the way back machine. -
which ties into privacy and publicity rights -
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Yes, exactly. I would say that because the internet is now full of blogs and forums that are full to the brim with gossipy talk - it's fair to start addressing this stuff as a real problem online.
I think people are figuring out that what's said online translates into real problems in real life.
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So if I was to divulge the fact that Eric is a receptionist, would that violate the right to privacy laws?-
*Wags finger at Sati* Bad! bad!
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This is what came to mind that I want to share with you:
The attack on Kathy Sierra
www.salon.com/opinion/feature/2007/03/31/sierra/
www.sfgate.com/cgi-bin/blogs/sfgate/detail?blogid=19&entry_id=14783-
I'm laughing at the hypocrisy the author pointed out - that when the attacks start it's all just fun - but the attacks are returned it's character assassination.
Heh -
That's the pattern.
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Court sets standard for online anonymity protections
Web sites involved in defamation suits are not required to immediately hand over the identities of readers who leave anonymous comments, a Maryland court has ruled, laying out guidelines for future suits involving online anonymity.
news.cnet.com/8301-13578_3-10185063-38.html?part=rss&subj=news-
"Web sites involved in defamation suits are not required to immediately hand over the identities of readers who leave anonymous comments..."
How the heck could you do that, from a free blog site like Blogger, or would the court require Blogger to figure out the IP address of the anonymous commenter. (Or are only talking about situations where the blogger clearly knows the commenter?) -
Yeah that's a bit weird - unless they force blogger to release the IP information - you and I have no control over the knowledge of who posted.
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This is all very good to know. Not that I'm in hiding or anything cause I'm not. I think cyber bullies should be stopped too many people get hurt along the way.
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I agree!
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Here in Arizona - the authorities don't play. I have a friend that was a victim of cyber-bullying. It was reported by her husband to the county attorney's office and, after a short investigation, several arrests were made; they are currently awaiting trial.-
MadMadMargo: Yeah, I think that law enforcement isn't messing around here, and that the legal coverage is actually greater than higher in the thread indicates. If this link is accurate, 46 out of 50 states have some kind of cyber-stalking and electronic harassment laws already on the books:
www.ncsl.org/programs/lis/cip/stalk99.htm
It lists all of them, although I found some of the links to be not very helpful. Still, you could search for the laws in your state legislature's web sites by bill number., if anyone's interested in what kind of protection they have in their home jurisdiction. -
Yes Margo - I think that they should treat it like a regular crime. it can really cause some bad things to happen
Gtally thanks, I'll check that link out.
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